Legal Opinion

In re the Appeal of Little

Utah Supreme Court

Decided June 8, 1900PublishedCited by 6 opinions

Appeal from Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. James T. Little died in 1898 leaving a will under which the widow declined to take, and before distribution filed her petition asking that the household goods, one-third in value of all the legal and equitable estate in the real property of the. deceased at the time of his death, one-third of all the personal property and the homestead where the deceased resided, be set off to ber.

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Appeal from Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. James T. Little died in 1898 leaving a will under which the widow declined to take, and before distribution filed her petition asking that the household goods, one-third in value of all the legal and equitable estate in the real property of the. deceased at the time of his death, one-third of all the personal property and the homestead where the deceased resided, be set off to ber. From a decree made and entered in tbe lower court setting apart to tbe widow one-tbird of all the legal and equitable estate in tbe real…

1Opinion of the CourtMiner, J.

It appears from tbe record that James T. Little died in 1898, leaving a will. The inventory shows that the estate consisted of about $45,000 in personal property, and $40,000 in real estate. The estate was solvent and out of debt.

By his will James T. Little bequeathed to his four children $10,000 each, and to other parties smaller sums amounting in all to $47,000. The balance of his estate, both real and personal, was devised and bequeathed to his wife and four children in equal parts to share and share alike, after all other bequests and expenses were paid. All the personal property and…

2Cases cited4 opinions

  1. King v. KerseyIndiana Supreme Court · 1850
  2. Gullett v. FarleyIllinois Supreme Court · 1897
  3. Knudsen v. HannbergUtah Supreme Court · 1892
  4. In re Estate of DavisSupreme Court of Iowa · 1872

3Cited by6 opinions

  1. In re Kohn's EstateUtah Supreme Court · 1920
  2. In Re Hansen's GuardianshipUtah Supreme Court · 1926
  3. State v. HigginsCourt of Appeals of Oregon · 1969
  4. In Re Mower's EstateUtah Supreme Court · 1937
  5. In re Schenk's EstateUtah Supreme Court · 1919

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